Gopeshwar Yadav @ Gopeshwar Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36648 of 2025 Arising Out of PS. Case No.-297 Year-2024 Thana- GOPALPUR District- Gopalganj ====================================================== 1.
Gopeshwar Yadav @ Gopeshwar Kumar Yadav, aged about 19 years, Male son of Late Madan Yadav 2.
Sandhya Kumari, aged about 24 years, Female, Daughter of Late Madan Yadav 3.
Rima Kumari, aged about 25 years, Female, Daughter of Late Madan Yadav 4.
Nitu Kumari, aged about 21 years, Female, Daughter of Late Madan Yadav All are Resident of village -Yogipur PS- Gopalpur District -Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 25-06-2025 Heard Mr. Sanjay Kumar Pandey, learned counsel appearing on behalf of the petitioners and Mr. Chandra Sen Prasad Singh, learned APP for the State.
2. The petitioners seeks pre-arrest bail in connection with Gopalpur P.S. Case No. 297/2024 registered for the offence(s) punishable under Sections 191(2), 190, 75(2), 115(2), 118(1), 109(1) and 352 of the BNS.
3. As per the allegation made in the FIR, daughter of the informant complained about outraging her modesty by petitioner no.1 and upon which, she complained to the family members of the petitioner no.1, who after some time in a
Patna High Court CR. MISC. No.36648 of 2025(2) dt.25-06-2025 2/3 planned manner, came at her door and thereafter brutally assaulted the informant and her family members.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. He further submitted that that so far as petitioner no.1 is concerned, specific allegation against him is that of outraging the modesty of the daughter of the informant, however, the daughter of the informant has not lodged any FIR. The petitioners have given details of the injury in paragraph no.18 of the bail application from which it appears that injury sustained by some of the injured persons are simple in nature, caused by hard and blunt substance and some of the injured persons had no external injury. Petitioners have clean antecedents.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made against petitioner no.1 that he has outraged the modesty of the daughter of the informant, I am not inclined to grant pre-arrest bail to the petitioner no.1.
7. So far as petitioners no.2 to 4 are concerned, considering the nature of allegation made against them and also
Patna High Court CR. MISC. No.36648 of 2025(2) dt.25-06-2025 3/3 the fact that they are having clean antecedents, the petitioners no.2 to 4, above named, are directed to be released on prearrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) eacj with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gopalganj / Concerned Court in connection with Gopalpur P.S. Case No. 297/2024, subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners no.2 to 4 and if it is found that the petitioners no.2 to 4 are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
9. The bail application stands disposed of.
(Purnendu Singh, J) Sanjay/- U T